Key Points
- Federal crossbenchers want people who spread misinformation about the Voice to Parliament to face hefty fines.
- Some critics of the Voice have labelled it a 'third chamber' of parliament.
- The push is being led by independent MP Zali Steggall.
Federal crossbenchers are pushing for those who mislabel the proposed Indigenous Voice to Parliament to be hit with fines of up to $50,000.
The proposal from independent MP Zali Steggall would mean heavy fines are doled out to parties running misinformation in their campaign ads, including referring to the Voice as a "third chamber".
Ms Steggall, who wants the laws in place before Australians vote on a Voice to Parliament, warned the US Capitol Hill insurrection on 6 January 2021 laid bare the threat of “toxic” misinformation running unchecked.
Opponents of the Voice have previously argued the advisory body would constitute a “third chamber” of parliament, operating alongside the Senate and the House of Representatives.
Joined by supportive crossbenchers, Ms Steggall revealed a politician making that claim during the referendum campaign could be sanctioned by the Electoral Commissioner under her plan.
“I understand from constitutional lawyers that that claim has been contradicted, that it is factually incorrect because that is not what the model of the Voice at all reflects,” she said.
“An ad claiming that the Uluru statement is a third chamber of parliament would be caught by the legislation.”
Polling done by the Australia Institute has consistently shown support for truth in advertising hovering above 80 per cent. Similar laws are in place in South Australia and the ACT.
Under Ms Steggall’s model, political ads making statements of fact that were “misleading or deceptive to a material extent" could face sanctions, including fines of $14,000 for individuals or $50,000 for corporations.
Will the truth in advertising laws pass parliament?
Labor has previously expressed a willingness to back the truth in advertising laws, but Ms Steggall urged them to expedite their support, with misinformation about the Voice already proliferating.
“We should insure ourselves against that and enable a fair debate. To quote a movie: Australians can handle the truth,” she said.
The Stop The Lies bill, first brought to parliament in 2021, initially covered federal elections, but Ms Steggall is now seeking to expand it to include referendums.
Labor has promised to hold a referendum in each of its first two terms of government, with a poll on an Australian republic to follow any victory at the next election.
Given it is already backed by the Greens, the bill would require support from Labor and one crossbench senator to pass the Senate.
I saw first-hand how that misinformation works, and the effect of itDavid Pocock
Independent Senator David Pocock backs the proposal, telling SBS News “flat out lies” were not healthy for democratic debate.
During an at-times fractious May election race, Senator Pocock slammed a “smear campaign” by a .
“I saw first-hand how that misinformation works and the effect of it,” he said.
“I talked to people who were genuinely upset about it, and had changed their view on me based on misinformation. It does have an effect on our democracy.”
The bill provides a defence for people who inadvertently publish misinformation, Senator Pocock insisting it is possible to strike a balance between robust public discussion and allowing lies to flourish.
“It shouldn't be that you can say whatever you want when it comes to an election … We want to hear all sides of arguments but keep it factual. This bill will help do that,” he said.
“There are ways to … have decent penalties when people do cross the line, but also the healthy debate that we want come election time.”
Other crossbenchers are wary of the plan.
Independent senator Jacqui Lambie warned while the public overwhelmingly supports preventing politicians from lying, implementing an effective system is a different matter.
